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Education BillPage 60

Section 11

SCHEDULE 2 Abolition of the GTCE: consequential amendments

Amendments to THEA 1998

1 THEA 1998 is amended as follows.

2 5In the heading to Chapter 1, for “Councils” substitute “Council for Wales”.

3 In the italic cross-heading above section 1, for “England” substitute “Wales:

aims and constitution”.

4 In the italic cross-heading above section 2, for “England” substitute “Wales”.

5 In section 2, in the heading, for “General Teaching Council for England”

10substitute “the Council”.

6 In the italic cross-heading above section 8, at the beginning insert

“Establishment of”.

7 In section 8 (the General Teaching Council for Wales)—

(a) in subsection (2), omit “as it has effect in relation to the Council,”;

(b) 15omit subsections (3) to (6);

(c) in the heading, at the beginning insert “Establishment of”.

8 In section 9 (functions of the General Teaching Council for Wales: general)—

(a) omit subsection (1);

(b) in subsection (2), for “the General Teaching Council for Wales”

20substitute “the Council”.

9 In section 12 (deduction of fees from salaries, etc)—

(a) in subsection (1)(b), omit “relevant”;

(b) in subsection (3), in paragraphs (b) and (c), omit “relevant”;

(c) in subsection (4), omit the definition of “relevant Council”.

10 25In section 14 (supply of information relating to teachers: general)—

(a) for subsection (1) substitute—

(1) The Secretary of State may supply the Council with such

information relating to individual teachers as the Council

may request for the purpose of carrying out any of the

30functions conferred on them by or under this Chapter or as

the Secretary of State considers it to be necessary or desirable

for them to have for the purposes of those functions.

(1A) The Welsh Ministers may supply the Council with such

information relating to individual teachers as the Council

35may request for the purpose of carrying out any of the

functions conferred on them by or under this Chapter or as

the Welsh Ministers consider it to be necessary or desirable

for them to have for the purposes of those functions.

(b) in subsection (2), for “Each of those Councils” substitute “The

40Council”;

(c) in subsection (3), for “either” substitute “the”;

(d) omit subsection (4).

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11 In section 15 (supply of information following dismissal, resignation, etc)—

(a) omit subsection (2);

(b) in subsection (3)—

(i) omit the words from the beginning to “in Wales,”;

(ii) 5for “the General Teaching Council for Wales” substitute “the

Council”.

(c) in subsection (5), in the definition of “relevant employer”, at the end

of each of paragraphs (a), (b), (c) and (d) insert “in Wales”.

12 In section 15A (supply of information by contractor, agency, etc)—

(a) 10in subsection (2), for “Subsections (3) and (4) apply” substitute

“Subsection (4) applies”;

(b) omit subsections (3), (5) and (7);

(c) in subsection (4)—

(i) omit the words from the beginning to “in Wales,”;

(ii) 15for “the General Teaching Council for Wales” substitute “the

Council”.

13 In the italic cross-heading above section 19, at the end insert “: teachers in

Wales”.

14 In section 19 (requirement to serve induction period)—

(a) 20in subsection (1), after “schools” insert “in Wales”;

(b) in subsection (2)(i), for “either the Council or the General Teaching

Council for Wales” substitute “the Council”;

(c) in subsection (3)—

(i) omit the words from the beginning to “established,”;

(ii) 25for “one or both of those Councils (as appropriate)” substitute

“the Council”;

(d) in subsection (4)(b), omit “or the General Teaching Council for

Wales”.

15 In section 42 (orders and regulations)—

(a) 30omit subsection (3);

(b) in subsection (9)—

(i) omit the words from the beginning to “established,”;

(ii) omit “to which the regulations will relate”.

16 (1) Schedule 1 is amended as follows.

(2) 35In the title, for “England” substitute “Wales”.

(3) In paragraph 2, omit sub-paragraph (3).

(4) In paragraph 4(1)—

(a) in paragraph (a), for “the Secretary of State” substitute “they”;

(b) for paragraph (b) substitute—

(b) 40shall, as regards any member in whose case they

may so determine, pay or make provision for the

payment of such sums by way of pension,

allowances and gratuities to or in respect of that

member as they may determine.

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(5) For paragraph 4(2) substitute—

(2) If a person ceases to be a member of the Council and it appears to

the Council that there are special circumstances which make it

right that the person should receive compensation, the Council

5may make to that person a payment of such amount as they may

determine.

(6) In paragraph 4(3), for “the Secretary of State” substitute “they”.

(7) In paragraph 4(4), for “the Secretary of State” substitute “they”.

(8) In paragraph 5, omit sub-paragraph (4).

(9) 10In paragraph 6—

(a) in sub-paragraph (1), omit “, with the consent of the Secretary of

State,”;

(b) in sub-paragraph (3), for the words following paragraph (b)

substitute “the Council may make provision for that person to

15continue to participate in that scheme, on such terms and conditions

as they may determine, as if the person’s service as a member were

service as an employee; and any such provision shall be without

prejudice to paragraph 4.”

(10) In paragraph 11, omit sub-paragraph (1).

17 20In Schedule 2 (disciplinary powers of Council), in paragraph 7

(supplementary provisions) for sub-paragraph (2) substitute—

(2) Regulations may also make provision for securing that any

prohibition order made by virtue of Schedule 11A to the

Education Act 2002 in relation to a teacher in England has a

25corresponding effect in relation to Wales.

Amendments to other Education Acts

18 In EA 1994, in section 18B (inspection of teacher training), in subsection (3)

(advice from Chief Inspector), omit paragraph (c) (and the “or” preceding it).

19 (1) EA 2002 is amended as follows.

(2) 30In section 132 (qualified teacher status), omit subsection (3) (consultation of

GTCE).

(3) In section 134 (requirement to be registered)—

(a) in subsection (1)—

(i) after “school” insert “in Wales”;

(ii) 35after “General Teaching Council” insert “for Wales”;

(b) in subsection (2), after “person” insert “in Wales”;

(c) in subsection (3), after “qualified teacher” insert “in Wales”;

(d) in the heading, at the end insert “: teachers in Wales”.

(4) In section 145 (specification of qualification or course), in subsection (1)(c),

40omit “the General Teaching Council for England,”.

(5) In Schedule 12 (the General Teaching Councils for England and Wales), in

Part 1 (amendments to the Teaching and Higher Education Act 1998), omit

paragraph 7 (amendment to section 9(1)).

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20 In ESA 2008—

(a) in section 130 (directions prohibiting participation in management:

information), in subsection (5), omit “the General Teaching Council

for England,”;

(b) 5in Schedule 1 (minor and consequential amendments), in paragraph

23 (substitution of sections 167C and 167D of EA 2002), in the

substituted section 167C, in subsection (5), omit “the General

Teaching Council for England,”.

Other amendments

21 10In Schedule 1 to the Public Records Act 1958 (definition of public records),

in Part 2, omit “General Teaching Council for England.”

22 In Schedule 1 to the Superannuation Act 1972 (kinds of employment in

relation to which superannuation schemes may be made), omit “General

Teaching Council for England.”

23 15In Schedule 1 to the House of Commons Disqualification Act 1975 (offices

disqualifying for membership) in Part 3, omit “Any member of the General

Teaching Council for England in receipt of remuneration.”

24 In section 50 of the Employment Rights Act 1996 (right to time off for public

duties), in subsection (9) (definition of “relevant education body”) omit

20paragraph (i) (but not the “or” following it).

25 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in

Part 6 omit “The General Teaching Council for England.”

26 In section 343 of the Income Tax (Earnings and Pensions) Act 2003

(deductions allowed from earnings: professional membership fees), in the

25Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by

the GTCE).

27 (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) In section 41 (registers: duty to refer), in the table in subsection (7), in entry

1, for the entry in column 2 substitute “The General Teaching Council for

30Wales”.

(3) In section 45 (supervisory authorities: duty to refer), in subsection (7), after

paragraph (a) insert—

(aza) the Secretary of State in respect of the Secretary of State’s

functions under sections 141B to 141E of the Education Act

352002;

(azb) the Secretary of State in respect of the Secretary of State’s

functions under Chapter 1 of Part 4 of the Education and

Skills Act 2008;.

(4) In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-

40paragraph (4)—

(a) after “before” insert “the Secretary of State in the exercise of the

Secretary of State’s functions under section 141B of the Education

Act 2002, or in proceedings before”;

(b) omit paragraph (a).

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(5) In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions

relating to children)—

(a) in sub-paragraph (3), omit paragraphs (a) and (c);

(b) in sub-paragraph (4), for “(3)(c) and (d)” substitute “(3)(d)”;

(c) 5in sub-paragraph (7), for “(3)(c) and (d)” substitute “(3)(d)”.

Section 12

SCHEDULE 3 Abolition of the GTCE: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)

10providing—

(a) for a designated employee of the GTCE to become a member of staff

of the Secretary of State (and accordingly to become employed in the

civil service of the state);

(b) so far as may be consistent with employment in the civil service of

15the state, for the terms and conditions of the employee’s employment

with the GTCE to have effect as if they were the conditions of service

as a member of the Secretary of State’s staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties

and liabilities of the GTCE under or in connection with the

20employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by

or in relation to the GTCE in respect of such a contract or the

employee to be treated as having been done by or in relation to the

Secretary of State.

(2) 25A staff transfer scheme may provide for a period before the employee

became a member of the Secretary of State’s staff to count as a period during

which the employee was a member of the Secretary of State’s staff (and for

the operation of the scheme not to be treated as having interrupted the

continuity of that period).

(3) 30A staff transfer scheme may provide for the employee not to become a

member of the Secretary of State’s staff if the employee gives notice objecting

to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by

an enactment or otherwise) as being dismissed by the operation of the

35scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the GTCE to become

a member of the Secretary of State’s staff despite any provision, of whatever

nature, which would otherwise prevent the person from being employed in

the civil service of the state.

40Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer from the GTCE to the Secretary of State of

designated property, rights or liabilities.

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(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the GTCE in

5connection with any property, rights or liabilities transferred by the

scheme to be treated as done, or to be continued, by or in relation to

the Secretary of State;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) 10The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be

transferred;

(b) property acquired, and rights and liabilities arising, after the making

of the scheme.

15Continuity

3 A transfer by virtue of a staff transfer scheme or a property transfer scheme

does not affect the validity of anything done by or in relation to the GTCE

before the transfer takes effect.

Supplementary provision etc.

4 20A staff transfer scheme or a property transfer scheme may include

supplementary, incidental, transitional and consequential provision.

Interpretation

5 In this Schedule—

Section 13

SCHEDULE 4 Offence of breach of reporting restrictions: application to providers of

30information society services

After Schedule 11A to EA 2002 (inserted by section 8), insert—

Section 141G

Schedule 11B Offence under section 141G: supplementary provisions

Introduction

1 (1) This Schedule makes supplementary provision relating to an

35offence under section 141G (breach of reporting restrictions

relating to alleged offences committed by teachers).

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(2) The purpose of this Schedule is to comply with Directive 2000/31/

EC of the European Parliament and of the Council of 8 June 2000

on certain legal aspects of information society services, in

particular electronic commerce, in the Internal Market (“the E-

5Commerce Directive”).

Domestic service providers: extension of liability

2 (1) This paragraph applies where a service provider is established in

England and Wales (a “domestic service provider”).

(2) Section 141G applies to a domestic service provider who—

(a) 10publishes information in breach of section 141F(3) in an

EEA state other than the United Kingdom, and

(b) does so in the course of providing information society

services,

as it applies to a person who publishes such information in

15England and Wales.

(3) In such a case—

(a) proceedings for the offence may be taken at any place in

England and Wales, and

(b) the offence may for all incidental purposes be treated as

20having been committed at any such place.

Non-UK service providers: restriction on proceedings

3 (1) This paragraph applies where a service provider is established in

an EEA state other than the United Kingdom (a “non-UK service

provider”).

(2) 25Proceedings for an offence under section 141G must not be

brought against a non-UK service provider in respect of anything

done in the course of the provision of information society services.

Exceptions for mere conduits

4 (1) A service provider is not guilty of an offence under section 141G

30in respect of anything done in the course of providing so much of

an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of

information provided by a recipient of the service,

35if the following condition is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the

40transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication

network,

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includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the

purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for

5longer than is reasonably necessary for the transmission.

Exception for caching

5 (1) This paragraph applies where an information society service

consists in the transmission in a communication network of

information provided by a recipient of the service.

(2) 10The service provider is not guilty of an offence under section 141G

in respect of the automatic, intermediate and temporary storage of

information so provided, if—

(a) the storage of the information is solely for the purpose of

making more efficient the onward transmission of the

15information to other recipients of the service at their

request, and

(b) the following conditions are satisfied.

(3) The first condition is that the service provider does not modify the

information.

(4) 20The second condition is that the service provider complies with

any conditions attached to having access to the information.

(5) The third condition is that if the service provider obtains actual

knowledge that—

(a) the information at the initial source of the transmission has

25been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the

removal from the network of, or the disablement of access

to, the information.

30the service provider expeditiously removes the information or

disables access to it.

Exception for hosting

6 (1) A service provider is not guilty of an offence under section 141G

in respect of anything done in the course of providing so much of

35an information society service as consists in the storage of

information provided by a recipient of the service, if the condition

is met.

(2) The condition is that—

(a) the service provider had no actual knowledge when the

40information was provided that it contained offending

material, or

(b) on obtaining actual knowledge that the information

contained offending material, the service provider

expeditiously removed the information or disabled access

45to it.

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(3) “Offending material” means material the publication of which

constitutes an offence under section 141G.

(4) This paragraph does not apply if the recipient of the service is

acting under the authority or control of the service provider.

5Interpretation

7 (1) In this Schedule—

(2) For the purpose of construing references in this Schedule to a

service provider who is established in England and Wales or in an

EEA state other than the United Kingdom—

(a) a service provider is established in England and Wales, or

30in an EEA state other than the United Kingdom, if the

service provider—

(i) effectively pursues an economic activity using a

fixed establishment in England and Wales, or in

that EEA state, for an indefinite period, and

(ii) 35is a national of an EEA state or a company or firm

mentioned in Article 48 of the EEC Treaty;

(b) the presence or use in a particular place of equipment or

other technical means of providing an information society

service does not, of itself, constitute the establishment of a

40service provider;

(c) where it cannot be determined from which of a number of

establishments a given information society service is

provided, that service is to be regarded as provided from

the establishment at the centre of the service provider’s

45activities relating to that service.

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Section 16

SCHEDULE 5 Abolition of the TDA: consequential amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the

5Table (definition of public records: other establishments and organisations)

omit “Training and Development Agency for Schools.” and “Teacher

Training Agency.”

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

10subject to investigation) omit “Training and Development Agency for

Schools.”

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,

referred to in section 1 of that Act) omit “Training and Development Agency

15for Schools.”

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) omit the entry relating to members of the

Training and Development Agency for Schools in receipt of remuneration.

20Education (Fees and Awards) Act 1983 (c. 40)Education (Fees and Awards) Act 1983 (c. 40)

5 In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in

respect of which regulations may provide for differential fees), in paragraph

(e), for “support under section 78 of that Act from the Training and

Development Agency for Schools” substitute assistance—

(i) 25from the Secretary of State or the Welsh Ministers

under section 14 of the Education Act 2002, or

(ii) from a person who is receiving financial assistance

under that section;.

EA 1994

6 30Part 1 of EA 1994 (teacher training) is amended as follows.

7 Section 11A (general duty of Secretary of State and Welsh Ministers with

respect to teacher training) is repealed.

8 In section 18B (inspection of teacher training), in subsections (3) and (8), for

“Training and Development Agency for Schools” substitute “Secretary of

35State”.

9 In section 18C (inspection of teacher training in Wales), in subsection (12)(b),

omit “or the Training and Development Agency for Schools”.

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